455.516. Hearings, when, procedure, standard of proof — duration of orders — videotaped testimony permitted — renewal of orders, when — service of respondent, failure to serve not to affect validity of order — notice to law enforcement agencies — service of process.
Protection hearings for children must happen quickly, and orders can be renewed if needed.
This law explains how courts handle hearings for child protection orders, how long the orders last, how they can be renewed, and what information must be shared with law enforcement and the juvenile office.
1. A hearing must be held within 15 days of filing a petition unless there’s good reason to delay. The court may choose an open or closed hearing based on what’s best for the child. If abuse is proven by a preponderance of the evidence, the court can issue a full order of protection lasting at least 180 days and up to one year.
The court may:
- Use child testimony by videotape under section 491.699
- Use statements from children under age 14 under section 491.075
Orders may be renewed if requested by either party, a guardian ad litem, or a court-appointed advocate. Renewals also last 180 days to one year. The court may also set the order to renew automatically unless the respondent objects at least 30 days before it expires. If a hearing on renewal can’t be held in time, the court may issue a temporary ex parte order until the hearing.
Importantly, a new incident of abuse is not required to renew a protection order.
2. The respondent must be personally served with the petition, hearing notice, and any ex parte order at least three days before the hearing. This service must be prioritized. Full orders may also be mailed by certified mail, and failure to serve or mail it does not make the order invalid.
3. A copy of every protection order must be sent to:
- The petitioner
- The local police department where the petitioner lives
- The law enforcement agency responsible for MULES (Missouri Uniform Law Enforcement System)
Law enforcement must enter the order into MULES within 24 hours, and expiration or termination notices must also be entered promptly. Courts can automate this process with electronic data transfers.
4. A copy of the petition and hearing date must also be sent to the local juvenile office, along with any expiration or termination notices.
5. If the respondent objects to automatic renewal, the court must personally serve that objection and the hearing date to the petitioner at least three days before the hearing. This service takes priority over other types of legal notices.
Contact us online or call (314) 900-HELP to speak with a Missouri order of protection defense attorney.
